Readers React: Smartphones and the Supreme Court
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Re “Court hears cellphone privacy case,” April 30
Warrantless cellphone searches are a clear violation of the 4th Amendment.
Supreme Court Justice Samuel A. Alito Jr.’s wallet analogy fails because, while an officer may conduct a weapons or inventory search when arresting someone, he or she cannot simply go on a fishing expedition by rifling through a detainee’s wallet without proper justification.
Justice Antonin Scalia also incorrectly argues in favor of cellphone searches that are related to the reason for arrest. But once a suspect is arrested and the phone is in police custody, there are no exigent circumstances that justify a search of the phone before securing a warrant.
It has been far too long since we’ve had a Supreme Court that bolstered the 4th Amendment rather than eviscerated it. Let’s hope the justices get it right this time.
Mike Cavalluzzi
Los Angeles
The writer is a criminal defense attorney.
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